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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102329
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been recently completely embarrassed by my Aflac

Customer Question

I have been recently completely embarrassed by my Aflac representative in my workplace. And of all places in my bosses office in front of him.
I have recently gone thru an extremely emotional divorce with my 7yr old son by my side. The Divorce involved a cheating wife her getting into hard drugs with the man she cheated on me with. I ended up in the last year going thru the process for full custody of my son along with a restraining order against my ex. I eventually achieved both without the help of an attorney. This has been the 2 toughest years of my life.
Now for the reason I am asking for advice. My Aflac representative happens to be one of my best friends ex wife. I also graduated with my Aflac representatives brother. My Aflac representative had a son with my best friend. My best friends son lives with his brother. I also lived with my best Friends brother before i married my wife 13 years ago. So my aflac rep knows we a close, but i am no close to her. She know alot about my PERSONAL past from all these connections. So about a month or so ago i was walking by my bosses office & my aflac representative was talking to my boss. I went into his office to say hi to my aflac rep because we have ties more than just being my rep. She said hi to me & also said in front of my boss. Mellisa is your ex wife right? I said yes? she said guess what she is doing. i said what? she is screwing tony her ex husbands brother that i lived with years back. I couldn't believe what she just said in front of my boss & i got completely red in the face. I started to sweat from embarrassment & i was angry because my boss is just looking at me & he not knowing what to say either. She continued on saying my ex also opened up a cable account in her sons name and ruined her sons credit. Now my son owes for this she said. I was beside myself standing in my bosses office. i just ended up walking out completely embarrassed not knowing what to say. i was in complete astonishment my aflac representative would say such personal things in front of my boss. My boss ended up cumming out to me seeing if i was ok. He knows how all this has taking its tole on me in the last couple years. And he also said to me i cant believe she just did that. So i gave it a couple minutes and pulled my Aflac rep aside & asked her to get her son on her cell phone. If my ex had gotten her son in financial trouble i wanted to take care of it for him. even though it was not my doing, i felt since he is my friend also, i assumed responsibility for my ex wife's actions. She was able to get her son on the phone on the spot. I asked her son if my ex did this & he said "NO"..it was my ex he said. I said really, your mom is sitting here in my bosses office saying my ex did this. So i asked him is my ex sleeping with tony my ex roommate / my ex employee/ my best friends brother. He said "NO tony had let her take a shower because she was dirty from waking the streets. I said you promise he is not taking advantage of my sick mentally challenged ex wife. He said i promise.
So after all of this i looked at my aflac rep in of all places my workplace & said everything you just said in front of my boss was completely a bunch untrue / gossip. She completely humiliated me in my workplace in front of my boss in his office with a bunch of untrue gossip. Do i have a case against Aflac here employer for her actions? I still feel completely beside myself & cant seem to get over it. Thank You for your time.. Tim B
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Yes, someone in your situation may have a case, indeed. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Herein, two causes of action may qualify:

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. The basic elements of the tort are (1) extreme and outrageous conduct; (2) intentional or reckless infliction of emotional distress; and (3) actual result to the plaintiff of severe emotional distress. Restatement (Second) of Torts, supra; Grimsby v. Samson, supra; Contreras v. Crown Zellerbach Corp., 88 Wn.2d 735, 565 P.2d 1173 (1977).

INVASION OF PRIVACY - PRIVATE FACTS. Legal action may be taken if an someone reveals truthful information that is not of public concern and which a reasonable person would find offensive if made public.

Because most Aflac persons are actually contractors, the company itself may not be liable. The company would be liable only if the person was an employee (with few exceptions) under the doctrine of respondeat superior.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.